Duer v. Hunt — 58 N.Y.S. 1140

Majority

p. 1140

DUER et al., Appellants, v. HUNT, Respondent.

(Supreme Court, Appellate Division, First Department.

June 9, 1899.)

Headnote

Action by James G. K. Duer and another against Richard R. Hunt. From an order canceling and discharging a judgment, plaintiffs appeal.-

Reversed.

William B. Hornblower, for appellants.

Henry Steinert, for respondent.

The judgment in favor of these plaintiffs against the defendant, Richard R. Hun, was vacated by the court below upon the production of a discharge of the defendant as an insolvent debtor. As we have held upon a motion to set aside an execution issued in this action against this defendant that the discharge was void ( 58 N. Y. Supp. 742 ), it follows that this order appealed from must be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.